14th Annual Elder Law Short Course
- Credits: 9 General, 0 Diversity/Inclusion PR, 1 MH/SA PR, 2 Other PR
- Product ID: P9007-18U
- Original Program Date: 10/8 - 9/2018
Recorded: October 8-9, 2018
Moderator: Heidi E. Dodd, Harter, Larson & Dodd, Belleville
Illinois Elder Law Case Law and Legislative Update 2018
Linda M. Strohschein, Strohschein Law Group, LLC, St. Charles
Koss and Effect
Learn about the impact of pending Federal litigation on the Medicaid application process.
James C. Siebert, James C. Siebert & Associates, P.C., Arlington Heights
How Not to Get Old: Avoiding Forced Retirement
(1.0 Hour MH&SA Professional Responsibility)
Develop a better understanding of the most common issues facing elder attorneys in practice, and learn how the Lawyers’ Assistance Program can help. Understand how to identify colleagues who are struggling, and learn several strategies to help mitigate the effects of aging.
Tony Pacione, MSW, MAEd, Illinois Lawyers’ Assistance Program, Chicago
Madeleine Sharko, Illinois Guardianship & Advocacy Commission, Chicago
You Want to Do WHAT with Your Remains?
(1.0 Hour Professional Responsibility)
From organ donation to funeral planning, cultural preferences surrounding end of life issues run the gamut and can make planning challenging and complex. Learn the common and not-so-common cultural traditions that will help you develop a robust, culturally adherent plan for your clients.
Colleen Ceh Becvar, Trinity Advocacy Group, LLC, St. Charles
Powers of Attorney: Breadth, Limitations & Modern Day Disputes
Understand the two types of attacks on Powers of Attorney: lack of capacity at execution and/or undue influence exerted upon the principal. The viability of those theories and defenses thereto will be explored using factual hypotheticals.
Hon. Susan M. Coleman (Ret.), Of Counsel to Peck Ritchey, LLC, Chicago
Kerry Peck, Peck Ritchey, LLC, Chicago
Ethical Obligations When Representing Fiduciaries
(1.0 Hour Professional Responsibility)
Court-appointed guardians sometimes make mistakes that put them in the judge’s crosshairs. Whether they’ve moved grandma without alerting the court or given themselves and other family members gifts, guardians sometimes make decisions that garner negative attention and require explanation. This presentation shares scenarios in which guardians have found themselves in trouble, and equips attorneys with guidelines toward coaching guardians away from making mistakes and putting themselves at risk.
Ray J. Koenig III, Clark Hill PLC, Chicago
Lauren Sherman, LCSW, CCM, NMG, Lifecare Innovations, Burr Ridge
Adjourn Day 1
TRACK A (LITIGATION)
Moderated by Heather E. Voorn, Delaney Delaney & Voorn, Ltd., Orland Park
TRACK B (PLANNING)
Moderated by Catherine E. Lenert, Mickey, Wilson, Weiler, Renzi, & Andersson, P.C./Elder Law Center, P.C., Sugar Grove
Guardianship: Evaluating Less Restrictive Alternatives to Create Greater Self-Empowerment for Adults with Disabilities
Understand recent policy debates related to guardianship and resulting growing trends towards less restrictive alternatives, with such emphasis on the emergent “Supported Decision Making” model currently used in the United States and abroad. Learn about various models, legal documents, and estate planning measures that practitioners may utilize to assist in successful implementation of the discussed alternatives.
Wendy S. Cappelletto, Office of the Public Guardian of Cook County, Chicago
Medicaid 101: An Overview of the Long-term Care Medicaid Eligibility Rules
Gain a basic understanding of underlying rules, regulations, and policy which is necessary for any attorney whose practice includes long-term care planning. Get an overview of the long-term care Medicaid Eligibility Rules and understand recent policy updates and practice tips.
Elizabeth Fink, WhiteheadFink Elder Law LLC, Chicago
Gearing Up for Guardianship Trial
Understanding how to navigate the guardianship process from the start will put you in a position to successfully litigate at trial. Strategic decisions made shortly before and after filing for guardianship may certainly impact your success. Learn to identify various nuances and strategies a guardianship attorney should consider during the early to mid-stages of the case.
Hon. Daniel R. Degnan, Circuit Court of Cook County, Probate Division, Chicago
How to be Computer Savvy with Medicaid
Learn how to file an ABE application and/or appeal as well as correspond with Medicaid electronically. Understand step-by-step instructions about filing the online application and responding to electronic requests for information after filling an online application or appeal for benefits. Deadlines and receipt of notice when doing applications electronically will also be discussed. Discover how NOT to get stuck in the notice booby traps that DHS has recently been sending!
Tiffanny H. Sievers, SI Elder Law, LLC, Marion
Discovery Issues in Guardianships
Learn strategies for drafting and responding to written discovery and taking depositions (including expert depositions) in contested guardianships. Understand the procedure for obtaining medical and mental health records under HIPAA and the Illinois Mental Health and Developmental Disabilities Confidentiality Act. This session will be interactive and invite audience participation, and sample forms will be provided.
MacKenzie A. Hyde, Clark Hill PLC, Chicago
Social Security Disability Claims - What an Elder Law Attorney Needs to Know
If a 55 year old disabled widow, who has never worked, approached you for estate planning, would you know if she is eligible for a disability benefit under Social Security? What if a 63 year old construction worker with chronic pain asks you about filing for Social Security disability--how do you respond? What do you say to the elderly couple who is lovingly taking care of their 20-year-old autistic son without any government assistance? This session will provide answers to these questions and more by presenting an introduction to Social Security disability practice, covering: what it means to be disabled for Social Security purposes, the type of evidence necessary to establish a claim, who is eligible to file a claim, what will disqualify a claimant from receiving benefits, the disability determination process, the four-step appeals process, differences between SSDI and SSI, statutory restrictions on fees, and resources for further inquiry.
Avram L. Sacks, Attorney at Law, Skokie
Direct and Cross-Examination of Experts
Understand various aspects relating to the testimony of physicians during a guardianship trial. Topics will include proper qualifications as well as preparing and receiving testimony from physicians both as counsel for a petitioner or a respondent.
Chris S. Hopkins, Clark Hill PLC, Chicago
Elder Orphans: Care and Legal Issues Surrounding Seniors Without Family
The percentage of childless, frail elderly is expected to increase by 18% as the Baby Boom generation ages. Already, one in three Baby Boomers is unmarried. The likelihood of becoming an “orphan” has never been greater, and this demographic trend requires attention. This presentation will examine the issues and challenges of aging on one’s own, the legal issues that arise, and the particular need to protect this population from exploitation and neglect. Both care and legal dimensions will be explored.
Martha Kern, Lifecare Innovations, Burr Ridge
Interesting Issues in Fiduciary Litigation
Learn about opportunities for the prepared and pitfalls facing the unwary in fiduciary litigation. Of particular focus will be actions arising from recent elder-abuse legislation, including the Presumptively Void Transfers Act and the recently-amended Financial Exploitation of the Elderly Act.
Jeffrey P. O’Kelley, Lesser Lutrey Pasquesi & Howe, LLP, Lake Forest
Fixing Problem Trusts Through the Amazing Trust and Trustees Act
Problem Trusts can become even more problematic when they involve incapacitated grantors or beneficiaries. What do you do when you have a poorly drafted trust, a trust that defies administration, or a trust that doesn’t meet the needs of its beneficiaries? Call in the Trust and Trustees Act and find a remedy through decanting, virtual representation, and non-judicial settlement agreements.
Kathryn C. Casey, Dutton Casey & Mesoloras, PC, Chicago
Drafting and Filing Citations and Injunctions to Recover Money and Property for a Person with a Disability
Financial exploitation of the elderly and people with disabilities is becoming more prevalent. Learn to freeze assets by filing pleadings to obtain recovery of money or property. Get step-by-step instructions about how the Probate Act allows the practitioner to recover assets, seek and obtain information and documentation which assist in the recovery of assets, and enjoin assets of the exploiter. Hypothetical and actual cases will be discussed and sample pleadings utilized in the litigation of these matters will be provided.
Amy DeLaney, Delaney Delaney & Voorn, Ltd., Orland Park
The Interplay between Divorce and Probate Cases—What, Where, When and How?
Understand the issues you might face in both contested and uncontested divorce cases where there is a disabled spouse involved. In contested cases, how do you divide assets when one spouse is disabled and litigate joint-tenancy assets? Handle dissipation and guardianship/POA appointments? Manage cost concerns when three or more attorneys are required? In uncontested cases, how do you create a settlement agreement? Determine whether a guardianship is required in the case of a disabled spouse? Best divide and preserve assets and allocate spousal support?
Anique K. Drouin, Sullivan Taylor, Gumina & Palmer, P.C., Naperville
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